Clinical Education
and Experiential Learning
Introduction: From Law Student to Lawyer . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Clinical Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 International Clinical Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Adolescent Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Community Enterprise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Environmental Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Human Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Immigrants’ Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Incarceration and the Family. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Lawyering in the Digital Age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Mass Incarceration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Sexuality and Gender Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Clinical Faculty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Externships—Experience in the Field. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 The Pro Bono Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Other Experiential Learning Opportunities . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Introduction: From Law Student to Lawyer IN THE CLASSROOM
The Negotiation Workshop This popular course provides an experiential introduction to the theory and practice of negotiation. Columbia Law School is a leading
Native American judges. During spring
Through role-playing exercises and
innovator in legal education. Our
break, students travel to engage in projects
simulations, students gain skills
curriculum is global, interdisciplinary,
with Native American tribes. Through
to make deals and resolve con-
intellectually rigorous, and intensely
the Vision, Action, and Social Change
flicts as they negotiate contracts,
practical. Throughout our curriculum,
seminar, students engage in fieldwork at
business transactions, and multi-
experiential learning challenges students
universities, public schools, and corpora-
party disputes. Using this practical
to apply theory and analytical skills to
tions across the country, examining the
experience as a springboard, the
real-world legal problems.
structure of organizations and developing
workshop explores such topics as
strategies to address inequality through
the nature of conflict; integrative
institutional change.
and distributive bargaining; ways
At Columbia Law School, clinical legal
to overcome barriers to agree-
education and externships are the centerpieces of this approach. Students
While experiential learning takes many
ment; lawyer-client relationships;
also gain practical experience through
forms at Columbia Law School, the fol-
the art of persuasion; and the
internships, pro bono work, and inno-
lowing pages focus on clinical educa-
role of culture, gender, and race
vative courses that include fieldwork or
tion and other opportunities outside the
in negotiation. Students reflect
simulations. In Art of the Deal work-
traditional classroom. Together with
on their experiences in journals
shops, for example, students analyze risk,
the mentorship of our remarkable fac-
and review recorded negotiations
structure agreements, and negotiate the
ulty and the breadth and depth of our
with their professor. A popular
terms of business transactions. In the
curriculum, this real-world approach to
highlight of the workshop is the
Native Peacemaking seminar, students
legal education prepares our students to
opportunity to represent their
participate in mediation clinic training, as
confidently launch their careers, and to
Columbia Business School peers
well as formal peacemaking training from
hit the ground running.
in a mock negotiation.
3
Clinical Education Students in Columbia Law School’s clinical programs serve on the front lines of justice in many areas of the law. From climate change to human rights, small business issues to families in crisis, complex discrimination litigation to mediating civil court cases, clinic students have the opportunity to work with real clients on some of the most pressing problems of our time. Students become counselors, mediators, litigators, advocates, system change agents, and educators as they learn to apply the legal reasoning and skills they have gained in law school to benefit their clients.
Environmental Law Clinic students (pictured here) represented local community groups in a successful challenge to a proposed power plant on the East River waterfront in Brooklyn.
The goal of the Columbia Law School
the weighty responsibility of provid-
Students also are encouraged to recog-
clinical program is to provide out-
ing effective representation to a wide
nize and resolve the ethical challenges
standing service to its clients while
range of clients in important and often
raised by their cases as they strive to
allowing students to begin the life-
sensitive matters.
solve their clients’ pressing dilemmas.
long process of becoming thought-
4
These expectations and responsibili-
ful, responsible, and reflective lawyers.
Clinic students gain critical skills in
ties make the clinical experience one
Working under the close supervision
communication, information gather-
of the most useful and exciting features
of full-time clinical professors, stu-
ing, persuasion, and legal and factual
of a student’s law school years. One
dents are encouraged to pursue their
analysis, which prepare them to address
former clinic student has commented:
own learning goals while taking on
the multifaceted needs of their clients.
“Working in the clinic was the best
CLINICAL EDUCATION hands-on experience I received at
The clinical program at Columbia Law
Columbia Law School. It was an
School has two additional goals. First,
unmatched opportunity to learn from
students—guided by clinical professors
Ethics and Professional Responsibility
my classmates, the clinic staff, and our
who are experts in their fields—are
Clinical education places students
client. The challenges are unlike those
encouraged throughout their clinic
in professional situations where
posed in the classroom; they have a
experience to envision how legal insti-
they are required to put abstract
direct impact on the lives of others. I
tutions and practices can be reformed
classroom theory into practice.
am confident that they have made me
and reorganized to provide the best
Students learn what it means to
better prepared to contribute immedi-
service to clients and the larger society.
provide compassionate and zeal-
ately in the workplace.”
Second, clinic students provide pro
ous advocacy while upholding
bono service to clients who are unable
the profession’s highest ethical
Participating in a Law School clinic
to secure representation because of
standards. Typical ethical ques-
allows students with diverse career
cost, the unpopularity of their causes,
tions faced by students include:
goals—public interest, private practice,
or the complexity of their problems. In
When representing organizations,
or government service—to gain real-
doing so, they learn to appreciate the
how should a lawyer reconcile
world skills and a critical perspective
professional responsibility and personal
differences between the needs of
on the way law should be practiced,
rewards of community service, while
the individuals who make up an
before they launch their legal careers.
also fulfilling a graduation requirement.
organization and the organization
As a result, clinic students are uniquely
Many Columbia Law School alumni
as a whole? When is it appropri-
prepared to take on their professional
continue this proud tradition of pro-
ate for lawyers to substitute their
roles after graduation.
viding pro bono service throughout
judgment for that of a young cli-
their legal careers.
ent? When, if ever, is it right for a mediator to provide a legal evaluation during the course of a mediation? In helping a parent to regain custody of a child, should it matter that the client has been incarcerated for a serious crime?
55
CLINICAL EDUCATION
Communication Skills
Benefiting Society
Reflective Practice
Clinic students draft pleadings and
Students work on behalf of clients
Clinic faculty encourage students to
discovery motions, interview and
facing human rights abuses, envi-
build on their strengths, address any
counsel clients, mediate complex
ronmental neglect, discrimination,
weaknesses, and work toward the
disputes, and learn techniques
and other legal problems arising
goal of becoming lawyers with the
for persuading a judge or adver-
from poverty and inequality. They
ability to reflect upon and learn from
sary—essential skills for any law
also identify and address serious
their work as professionals.
school graduate. Clinic faculty
wrongs that need systemic solu-
provide all students with exten-
tions through legislative advocacy,
sive reviews of their written and
education, conflict resolution, and
oral performance.
community organization.
Understanding Institutions Lawyers must understand how to work within complex and often overlapping administrative and regulatory systems in order to advocate effectively for their clients. Clinical experience provides students with a basis for understanding other institutional systems that they may encounter as lawyers.
Outside the U.N. headquarters in Geneva, Switzerland (l to r): Sara Osama Kayyali ’14, Paula Ximena Mendez Azuela ’14, Ami Shah ’15, and Caroline Stover ’14. Traveling with members of the Columbia Law School Human Rights Institute, clinic students attended a session of the U.N. Human Rights Committee to advocate for greater support for U.S. human rights initiatives.
6
International Clinical Education
RECENT WORK Dramatic political changes around the world have created new oppor-
• Professor Alexandra Carter ’03 conducted a first-of-its-kind training in conflict
tunities for clinical legal education.
resolution for female U.N. delegates. Through the Edson Queiroz Foundation
Since 1996, our clinical faculty have been active internationally in promoting a public interest approach to law and lawyering. Collaborating with nongovernmental organizations, they have made an impact around the world. Many universities in places like Central and Eastern Europe, the former Soviet Union, and China have embraced this chance to develop legal clinics and other innovative and dynamic educational programs. The following are only a few ways clinical faculty have supported these burgeoning efforts:
Mediation Program, she holds intensive mediation skills trainings at Columbia Law School for diplomats, judges, lawyers, and students from around the world. • Professor Barbara A. Schatz has worked with professors in China, Russia, and Central and Eastern Europe to develop clinics representing nonprofit organizations. Most recently, she has worked with the Public Interest Law Institute to strengthen clinical legal education initiatives at Tbilisi State University in Georgia and Yerevan State University in Armenia. • Professors Carol B. Liebman, Suzanne B. Goldberg, and Schatz have worked with colleagues in China to help develop law school clinics. • Professor Jane M. Spinak has facilitated a series of trainings and meetings that helped create child advocacy clinics in Hungary, Romania, and Poland. • Professors Philip M. Genty, Schatz, and Liebman have led workshops at the University of Bialystok (Poland) for students and professors from law schools in Poland and five countries of the former Soviet Union. Genty’s work on clinical programs in Macedonia earned him an honorary professorship from the Ss. Cyril and Methodius University. 7
Adolescent Representation
The Adolescent Representation Clinic represents youth and young adults on collateral issues relating to their aging out of foster care or other institutional settings. Clients range in age from 16 to 23. Their issues extend across a broad spectrum of need, including housing and homelessness prevention; teen pregnancy and parenting; health and health benefits; income and support benefits; education, tuition, and financial aid; financial planning; identity theft and credit; civil rights, including LGBTQ issues; employment and career planning; and family and inheritance law. Students paired in teams represent clients referred from legal advocacy offices, foster care agencies, and community-based organizations.
8
Professor Jane M. Spinak
adolescents and young adults as viewed
the clinic, where guest lecturers include
Classes and assignments provide an inten-
from multiple disciplines. Graduate stu-
advocates, judges, youth in foster care,
sive introduction to legal representation,
dents from other schools of the Univer-
and mental health professionals. In addi-
as well as to the unique attributes of
sity may enroll in the seminar portion of
tion to representing individual clients,
Moving into Adulthood students develop and participate in a
to investigate the barriers faced by New
“Before we met our first client, we
range of policy and presentation proj-
York City youth aging out of foster care
heard a lot about how difficult she
ects. The most recent presentations were
in securing and maintaining stable hous-
was to work with. We decided to
on credit and finance issues many young
ing. The goal of the project is to educate
approach her with open minds.
people face when they leave high school
policymakers and lawmakers in order to
One of her goals was to leave
and begin jobs or attend college—issues
change rules, regulations, policies, and
foster care and move in with the
that are fraught with difficulty for youth
practices that prevent aging-out youth
father of her two children. Her
growing up in foster care. The Adoles-
from living in stable homes. This clinic
caseworker didn’t think she could
cent Representation Clinic has begun a
project will include legislative, policy,
do this, but we decided our job
significant student-led housing project
and media advocacy over several years.
was to help her work toward that goal. At our second meeting—after we had outlined all the steps she
“My clinical experience was deeply rewarding. It allowed me to argue in a New
needed to take—she told us she
York criminal court, resulting in an order that worked in my client’s favor. It
knew it was time to grow up.
improved my writing. I drafted a motion and worked on case-management
After that, things started to
strategy. I will advocate for clinical education for the rest of my life.”
change. She and her boyfriend
uchechi c. amadi ’11 associate, jones day
found an apartment and she and the children moved in. We noticed how much more initiative she
“The clinic helped me develop the skills needed to provide clients with sound
started taking. Over the course of
advice and to advocate on their behalf before a range of agencies. The structure
the year we helped her apply for
of the clinic provided excellent guidance, but I was also given enough indepen-
public assistance and obtain early
dence to figure things out on my own.”
intervention services for her son.
maren hulden ’12 skadden fellow, minnesota disability law center
We represented her at foster care case conferences and encouraged her to find a job or enroll in G.E.D. classes. Although she still has obstacles to overcome, we ended the year feeling confident that she had found her stride.” Student team case report 9
Community Enterprise Legal assistance for community
Some of the clinic’s clients are new
Small-business clients have ranged from
enterprises is often critical to their
nonprofit organizations that need help
day care centers and bakeries to print-
success. Students in this clinic help
creating legal structures. Other clients
ing companies and crafts businesses.
nonprofit organizations, social enter-
are more mature enterprises that need
These clients are primarily located in
prises, and small businesses that cannot
help addressing the legal issues arising
low-income neighborhoods and seek
afford to pay for legal services turn their
from changes such as expansion, cre-
the clinic’s assistance in choosing and
visions into reality. Students work to
ation of a national program, or initia-
forming appropriate business structures,
understand clients’ aspirations, help them
tion of income-generating or legislative
entering into leases and other contracts,
anticipate and solve problems, and edu-
activities. Some focus on New York
and protecting their intellectual property.
cate them about their responsibilities as
City, promoting the arts, or provid-
heads of enterprises. Students also under-
ing food, shelter, or training for New
Social enterprises need help in creat-
take law reform efforts and offer work-
York City’s neediest residents. Some
ing entities that can accommodate
shops for nonprofits and small businesses
address large-scale problems, like cli-
both their social and financial goals.
on corporate and tax issues. The clinic
mate change or human rights violations.
Recent clients have included a tutoring
is of special interest to those interested
Some work abroad: One recent client’s
company that helps minority students
in working with organizational clients,
work provides livelihood training and
prepare for college entrance exams and
representing clients in transactions, and
support to ultra-poor women in India,
a “green” food-production business.
promoting community development.
Africa, and Central America.
Professor Barbara A. Schatz
10
A Bronx Café is Born Emily Flores is one of many women in low-income communities with the imagination and drive to create a small business. She first came to the clinic for help in creating “non-compete” and “nondisclosure” agreements to protect the special recipes and techniques used in her home-based pastry business. The success of that business inspired her to start a café in her Bronx neighborhood.
Clinic students with their clients from the Ruth Williams Dance Studio in Harlem
Clinic students helped her think Clinic students prepare for their client
ing skills that will allow them to rep-
through the right structure for
work by learning the substantive law
resent clients effectively. As they take
her business, given the desire
relevant to forming and operating non-
on projects for clients, students explore
for equity participation by both
profit organizations, social enterprises,
the variety of roles that lawyers can play
the chef and a lender, and then
and small businesses; thinking through
in working with community enter-
drafted a certificate of incorpora-
the distinctive interviewing, coun-
prises and examine the choices they
tion, bylaws, and a shareholders’
seling, and ethical issues that arise in
have in finding a personally satisfying
agreement, all in plain language
representing organizations rather than
way of practicing law and promoting
and tailored to her particular cir-
individuals; and practicing the lawyer-
social justice.
cumstances. The clinic also represented the business in taking
“My work with the Community Enterprise Clinic was an incredible opportunity to learn, collaborate, and give, leaving me with skills that I apply every day and an internal compass that will guide my legal career. As a brand new associate at my firm, I was able to jump in immediately on work with our nonprofit clients, and I continue to rely on these skills in my day-to-day practice working with clients of all sorts. I especially valued the many opportunities for feedback, self-improvement, and reflection on my professional goals.” crystal mao ’13 associate, ropes & gray
over a lease to a storefront and in acquiring a loan for the rehabilitation of the space. The students who worked with her have the satisfaction of having helped a dynamic woman achieve her dream and contribute to the commercial vitality of a Bronx community. 11
Environmental Law
Students in the Environmental Law Clinic have the unique opportunity to engage in the practice of law on local, state, regional, and global levels by working on critical issues that face the planet and on pressing problems that affect poor, underrepresented communities. Whether drafting amicus briefs in climate-related lawsuits, exposing the impact of agricultural practices on food
Professor Edward Lloyd
security, protecting residential commu-
environmental issues. By working on lit-
U.S. Supreme Court), and at the highest
nities from the toxic waste produced
igation, policy development and imple-
levels of state courts. They represent poor
by hydraulic fracturing, or preserving
mentation, and regulatory reform, Law
and minority communities in efforts to
endangered places and species, clinic
School students have tested their skills in
prevent their neighborhoods from being
students endeavor to find the most
the international arena, handling projects
overrun by toxic facilities, such as power
effective mechanisms to resolve critical
for the United Nations, the World Bank,
and sewage sludge plants.
environmental challenges.
and a host of sovereign nations. The lawyering skills developed and honed
12
Issues raised by clinic clients, as well
In the domestic arena, clinic students
in the clinic are applicable to any career
as environmental conundrums making
work on matters before state and federal
a student chooses. The clinic emphasizes
news around the world, expose students
administrative agencies, before federal
proficiency in litigation fundamentals—
to a panoply of methods for addressing
trial and appellate courts (including the
the drafting of pleadings, arguing motions,
Setting Standards and negotiating settlements—that have
well as the impact of contamination and
The Environmental Law Clinic is
broad applications beyond environmen-
regulation on communities of color and
part of a team of lawyers from local,
tal law. With a heavy emphasis on client
other economically disadvantaged groups.
state, and national organizations concerned about the impacts of
interaction, the clinic teaches students to counsel community groups on how to
Students also partner with the Law
hydraulic fracturing for natural gas
grapple with and settle their cases in ways
School’s Sabin Center for Climate
extraction in the Marcellus Shale,
that best achieve clients’ goals. In weekly
Change Law on a host of projects,
a shale formation that cuts across
classroom seminars, students lead strate
including the development of managed
New York and Pennsylvania. At the
gic discussions on how to resolve vari-
retreat strategies that help communi-
national level, the clinic drafted
ous issues in their cases. The clinic also
ties rebuild after catastrophes such as
comments on behalf of 62 groups
addresses the interplay of economic devel-
Hurricane Sandy.
urging the Environmental Protection
opment and environmental protection, as
Agency (EPA) to include “fracking” in its study of new source perfor-
“I have worked extensively with the clinic. The students are highly motivated, hard-working, intellectually engaged, and superbly supervised. I have been so impressed that I actively seek summer interns from the clinic.” deborah goldberg managing attorney, northeast regional office, earth justice
mance standards for oil and gas operations that result in contamination of surface and groundwater. The EPA agreed and announced that it would conduct a comprehensive, peer-reviewed study of the environ-
“Students in the Columbia Law School Environmental Law Clinic contributed a superb report to inform my work on land issues. I am grateful for their hard work, professional conduct, and substantive expertise.” olivier de schutter former u.n. special rapporteur on the right to food
mental and health effects of these techniques. At the state and local levels, the clinic drafted a comprehensive hydraulic fracturing bill for introduction in the New York State Legislature. They scored a major victory in Pennsylvania’s Supreme Court, when the court ruled that the state’s Marcellus Shale drilling law was unconstitutional, given the environmental dangers and the restrictions it placed on the rights of municipalities to govern fracking in their jurisdictions.
13
Human Rights The Human Rights Clinic is an inno-
dominant forms of action, strategies,
Through active engagement and leader-
vative space for bringing together
methods, and critiques. This provides
ship on clinic projects, students directly
human rights work, student educa-
students with the tools necessary to
and collectively implement and reflect
tion, scholarly research, and critique.
maneuver within the complexities of
upon what they learned in the semi-
Students learn to be strategic and cre-
human rights law and advocacy. Sem-
nars. This aspect of the clinic functions
ative human rights advocates, while
inars address such topics as project
similarly to a non-governmental organi-
pursuing social justice in partnership
selection, design, and strategy; choice
zation. Projects vary from year to year
with organizations and communities
and sequence of advocacy tactics; fact-
and address marginalized, urgent, and
around the world.
finding methodologies; interviewing
complex human rights issues around
witnesses, experts, and perpetrators;
the world. During the current academic
The clinic integrates social justice
digital and physical security; report
year, for example, projects are address-
work and pedagogy through semi-
and brief-writing; using judicial and
ing human rights issues related to drone
nars and clinic projects. The clinic’s
quasi-judicial processes; engaging the
strikes and targeted killings; corporate
approach is collaborative, rigorous,
press and using social media; mitigat-
accountability for sexual violence in
and self-reflective. The seminars pro-
ing vicarious trauma and promoting
Papua New Guinea; environmen-
vide a map of the international human
resilience; and accountability and proj-
tal harms in the extractive industries;
rights terrain—including the field’s
ect evaluation.
police violence in Peru; armed conflict
Associate Clinical Professor Sarah Knuckey with Clinical Teaching Fellow Benjamin Hoffman
14
Growing Networks “Breaking into the human rights field can be difficult, there is no one clear path to follow,” says Bassam Khawaja ’15. “The opportunity to connect with someone who is doing the kind of work you hope to do is invaluable—there is no substitute.” Helping students make such connections is exactly the aim of the Human Rights Clinic Mentorship Program. This new initiative pairs and war crimes in the Central African
The clinic is also a laboratory for test-
students with experienced advo-
Republic; and access to justice, housing,
ing and modeling innovative modes of
cates from leading human rights
and immigration in the United States.
human rights work with a focus on
organizations. Mentors share
interdisciplinary partnerships, under-
their insights and provide career
Students work in small teams and are
standing the intersections between
guidance throughout the year that
immersed in every aspect of their clinic
rights, and adopting collaborative
a student participates in the clinic.
projects. They design advocacy strat-
north-south partnerships. The clinic
egies, form partnerships with NGOs,
recently launched a new project with
Khawaja’s mentor this year is
write legal briefs, interview victims, and
the Earth Institute at Columbia Uni-
Christopher Rogers, a human
investigate abuses in the field. Numer-
versity to engage in an interdisciplin-
rights lawyer with the Open Soci-
ous projects involve advocating before
ary human rights–based environmental
ety Foundations who is working
the U.N. or international travel. Stu-
impact study. Students in the clinic are
on policy initiatives for Afghani-
dent teams meet frequently to advance
working closely with environmental
stan and Pakistan. “Because
their projects and think critically about
scientists and indigenous communities
the program has enlisted such a
their work, while project supervisors
to assess the impact of the extractive
diverse group of practitioners, stu-
and experienced human rights advo-
industries on people’s rights, as well as
dents can be paired with a men-
cates provide resources, guidance, and
to model new modes of mixed meth-
tor that represents their interests
feedback to help students further refine
ods and community-centered human
and career goals,” says Khawaja,
their advocacy.
rights advocacy.
whose focus is on civilian harm in armed conflicts. 15
Immigrants’ Rights Immigration detention is at a historic,
at the U.S. border without their par-
ronment, the clinic offers students an
all-time high in the United States—
ents. Although legal service providers
opportunity to develop lawyering and
approximately 400,000 immigrants cycle
estimate that upwards of 60 percent
advocacy skills in the context of both
through the U.S. Immigration and Cus-
of unaccompanied immigrant children
direct client representation and cutting-
toms Enforcement system each year.
are eligible for legal immigration status
edge projects related to immigration
The majority of these detainees face the
under current U.S. law, many of their
reform. Each student handles significant
deportation process alone because there
claims are never properly presented to
case responsibilities, visits immigration
is no right to counsel in immigration
a court. Even children do not have a
detention facilities on a regular basis, and
proceedings. The Immigrants’ Rights
right to counsel in removal proceedings,
makes at least one appearance in immi-
Clinic at Columbia Law School fills this
and they are often forced to navigate
gration court by the end of the semester.
void and provides critical legal services
the immigration court system alone, in
to some of the most vulnerable individu-
a language they do not understand.
als caught in the system.
clinic represented individuals detained With an emphasis on client-centered
at two immigration detention facilities
An expanded focus this year is the
lawyering, clinic students work with cli-
in northern New Jersey: the Elizabeth
representation of unaccompanied
ents from around the world. Through
Detention Center and Newark’s Del-
minors who have been apprehended
an intensive learning and working envi-
aney Hall. In the current academic year,
Associate Clinical Professor Elora Mukherjee
16
In the previous academic year, the
An Asylum Case Victory While interviewing potential clients at the Elizabeth Detention Center, Jenna W. Long ’15 and David J. Kim ’14 were handed a document by one of the detainees. It detailed the persecution he faced as a gay man in Nigeria, a country that has recently criminalized homosexuality. Clinic students won asylum for this West African man facing persecution for his Christian faith by members of the Muslim extremist group Boko Haram. Urooj Khan ’15 (right) is pictured here with the clinic’s client.
Long and Kim accepted the man’s
the clinic is representing non-detained
taking motions and practicing briefings,
students, prepared his asylum
unaccompanied minors and will likely
developing case strategies, conducting
application and started work on
work with families detained near the
oral argument, leading negotiations,
the case. For two weeks, they con-
southern border this spring. Students
preparing witnesses, and performing
ducted extensive interviews with
represent immigrants in their defenses
legal research.
the client, his brother in Nigeria,
case and, along with other clinic
and other witnesses. Before the
against deportation—including asylum, withholding of removal, and U.N.
The clinic also works with national and
merits hearing, they submitted
Convention Against Torture claims.
local organizations to further immi-
nearly 700 pages demonstrating
grants’ rights issues. Students collabo-
the persecution their client faced
Working in pairs, students assume
rate on projects involving regulatory
and would face in the future. Long
primary responsibility for all aspects
and legislative reform, impact litigation,
and Kim handled the opening and
of individual case preparation, includ-
public education, grassroots advocacy,
closing arguments and their cli-
ing interviewing clients and witnesses,
media work, strategic planning, and
ent’s testimony on the stand. In
investigating facts, drafting pleadings,
related matters.
the end, the judge issued a ruling granting asylum. “‘Granting’ is
“Asylum cases are life-or-death matters for many of our clients. You can use
such a simple word,” Long said.
your legal training to save a life in this clinic.”
“But this grant gives our client
elora mukerjee director, immigrants’ rights clinic
permanent safety. He is on the path to U.S. citizenship, which affords a level of protection his home country could never offer.”
17
Incarceration and the Family
The Incarceration and the Family Clinic operates at the intersection of the criminal justice and family court/ child welfare systems, and engages in both education and advocacy. The clinic informs people in prison about their parental rights and responsibilities, as well as the ways in which they can advocate effectively for themselves. The clinic also provides services to assist those who have been released from prison and their family members in achieving reunification. The educational component of the clinic allows participants to work collaboratively with the Parenting Center of Bedford Hills, a women’s prison.
18
Professor Philip M. Genty
During a semester-long course, students
design, prepare, and teach their own
dents and the prisoners. These classes
observe a family law class taught by an
classes later in the semester. The class
are designed to provide preventive law-
inside facilitator to other incarcerated
sessions typically involve role-play
yering so that the women can take the
women and then work in groups to
simulations that include both the stu-
steps necessary to improve their chances
A New Lease on Life of success in family court proceedings
classroom and experiential learn-
Angela* was 17 years old when
and avoid legal problems in the future.
ing. In the early part of the semes-
students in the Prisoners and
ter, they are exposed to influential
Families Clinic began represent-
For the clinic’s advocacy component,
writing about prisons and prison life,
ing her. She had lived with her
the students provide legal assistance to
and are provided with a background
legal guardian since she was 2
people who have been released from
in the relevant substantive law. Stu-
years old, shortly after her mother
prison, their family members, or both.
dents develop the lawyering skills
was imprisoned on a 25-year sen-
The students may also provide research
they will need to work with clients
tence for robbery and assault. But
and counseling services to staff mem-
by participating in intensive simula-
when the guardian died, Angela
bers at Bedford Hills who are assist-
tion exercises. They also examine
faced losing the only home she
ing women with problems relating to
issues of professional responsibility
had ever known, a New York City
their children.
that arise when working with indi-
Housing Authority apartment on
gent clients who are involved in the
the Lower East Side of Manhat-
To prepare for this work, students
criminal justice, family court, or child
tan. The case provided students
are educated through a process of
welfare systems.
with insight into how much incarceration can impact every aspect of people’s lives. Extending their
“Attending the Child and Family Advocacy 30th Anniversary Conference, it
work beyond the semester of the
was inspirational to hear all the stories of the client work done by past partici-
clinic, the students recovered
pants in the clinic and how this work is still very much on their minds in their
copies of the lease, tracked down
current practice.”
school records, and obtained
jason parkin ’04 assistant professor of law and director of the neighborhood justice clinic, pace university school of law
court documents proving the guardian had been awarded legal custody of Angela. Their efforts paid off. The Housing Authority reversed its decision. Angela was able to stay in her apartment and is now living independently. *Angela is a pseudonym
19
Lawyering in the Digital Age An Access-to-Justice Approach The Lawyering in the Digital Age Clinic
the clinic. Each year, the Civil Court of
courts and director of the New York
trains students to advocate for clients in
the City of New York takes on nearly
State Courts Access to Justice Program,
courts, in administrative agencies, and on
300,000 eviction cases. About 95 per-
to create a web-based expert system that
transactional matters. Students learn and
cent of tenants have no legal repre-
guides unrepresented tenants through
apply “conventional” lawyering skills
sentation. Without legal training, they
a user-friendly, multimedia interface
augmented by “digital-age” approaches,
cannot use the complicated housing and
with a series of simple questions and
employing technology to become effec-
procedural law that should promote
answers. Definitions and explanations
tive, innovative practitioners and to
just resolutions in their cases. Judges,
in plain language are offered along the
extend basic access to justice. Year after
lacking a well-crafted pleading from an
way. The tenant learns about law and
year, student projects have vital, positive
attorney, have to hope the unrepre-
procedure, becomes familiar with tech-
effects on the justice system.
sented tenant can somehow explain the
nical terms, and promptly produces a
situation, and they are often left with a
printed pleading to file in court, with
one-sided view of the case.
legal claims accurately stated. Other
The clinic is unique, both because it focuses on the impact of technology on law practice and because it provides stu-
To address this problem, Lawyering in
to that tenant’s factual circumstances—
dents with opportunities to work on
the Digital Age students worked with
furnishes an opportunity for the ten-
legal issues in a variety of subject areas.
the Hon. Fern Fisher, deputy chief
ant to do further study and prepare for
For example, housing is one focus of
administrative judge for New York City
court. To try out the program, go to:
Professor Conrad Johnson
20
helpful printable material—customized
Professor Mary M. Zulack (far right)
Collateral Consequences Collateral consequences of criminal charges are not spelled out in the penal code, in contrast to the direct consequences such as prison or fines. Defendants and their lawyers, along with prosecutors and judges, simply cannot know the myriad of collateral consequences for all possible charges. The Collateral Consequences Calculator,
a
web-based
tool
developed by the Lawyering in the Digital Age Clinic and the Columbia The Collateral Consequences Calculator was first commissioned by the Hon. Judith Kaye, then chief judge of the New York Court of Appeals. She is pictured above with clinic students and clinic faculty members (standing l to r) Lecturer in Law Brian Donnelly and Professor Conrad Johnson, after honoring their work at her New York State of the Judiciary address.
Center for New Media Teaching and
Learning,
organizes
this
specialized knowledge. The first www.courts.state.ny.us/courts/nyc/
site offers basic information on housing,
tool of its kind, the Calculator pro-
housing/int_nonpayment.shtml.
employment, benefits, education, and
vides legal practitioners and judges
domestic violence, as well as a catch-all
with the ability to select a section
Another notable project is the creation
“documents” section. A person needing
of the penal code and examine the
of a self-help legal information website
to know, for example, how to combat
potential impact of convictions in
for people who cannot afford lawyers
domestic violence, what organizations
New York on immigration status and
in civil cases. Many of these individuals
can help, and how to obtain an order
public housing eligibility, two areas
rely on The Legal Aid Society, which
of protection can go to: www.legal-aid.
commonly resulting in collateral
provides assistance to low-income peo-
org/en/ineedhelp/ineedhelp/self-help/
consequences. Jonathan Lippman,
ple. However, because of the unprec-
domesticviolence.aspx.
chief judge of the New York Court of
edented need for civil legal services,
Appeals,
has
called
the
Legal Aid must turn away six out of
The work of the clinic is occasionally
Calculator a “remarkable, innova-
every seven people seeking assistance.
highlighted in the media, as well as
tive tool,” and the work of the clinic
It is therefore essential to have another
locally on the blog of the Columbia
a
method of sharing important legal
Science and Technology Law Review:
The Calculator can be viewed at
information on a 24/7 basis. The web-
www.stlr.org/2012/04/spotlight-on-
law.columbia.edu/collateral-
site provides a valuable alternative. The
technology-and-public-interest-law.
consequences-criminal-charges.
“tremendous
achievement.”
21
Mass Incarceration The United States is the world’s leader
students also have opportunities to liti-
Prisoners’ Rights Project at The Legal
in incarceration, with 2.2 million peo-
gate issues identified by the clients, and
Aid Society to interview members of a
ple currently in the nation’s prisons or
to engage in other forms of advocacy.
class seeking relief from a pattern and
jails—a 500 percent increase over the
22
practice of excessive force.
past 30 years. Challenging the Conse-
Identification of cases is done collab-
quences of Mass Incarceration is a clinic
oratively with the clients. Students
To prepare for their work with the
that studies this expansion and the need
work with clients to develop materi-
clinic, students read and discuss schol-
it creates for prisoner representation
als that can be used to prepare inter-
arship about punishment theory and the
and policymaking.
nal administrative remedies and to file
history of American prisons, as well as
administrative claims. Projects may
the substantive law governing prisoners’
The Mass Incarceration Clinic focuses
range from federal habeas actions on
rights. To develop the skills they will
on litigation in federal courts and res-
behalf of state prisoners raising actual
need to work with clients, students par-
olution of claims related to prisoners’
innocence claims, to religious-freedom
ticipate in intensive simulated interview
conditions of confinement. Students
claims. Claims related to medical care
exercises. Other legal skills—including
visit clients in state and federal pris-
and mental health care are also part of
counseling, negotiation, oral argument,
ons, where they interview, counsel,
the clinic’s docket. The clinic accepts
and preparation of pleadings, briefs, and
and develop strategies. In collaboration
appointment to cases from federal
litigation-related materials—are taught
with nonprofit organizations, clinic
courts and has also worked with the
and acquired in the context of client
Justice for an Innocent Man In 1995, Daniel* was wrongly convicted of a double homicide—based primarily on the testimony of one witness who later recanted—and sentenced to 120 years in prison. He continued to maintain his innocence throughout the next 18 years of his incarceration. “He had never given up on himself, and that inspired all of us to work all the harder,” says Jess Hallett ’12, a member of the
Professor Brett Dignam
clinic team representing Daniel representation. Students are encouraged
issues of professional responsibility that
in his habeas corpus petition.
to raise, reflect on, and discuss relevant
arise while working with clients.
The students presented evidence and examined witnesses before a federal court. In the end, they
“The clinic deals with some of the most difficult issues in federal litigation,
successfully argued that state
such as habeas corpus. Professor Dignam is an expert in habeas, and she
prosecutors had violated Daniel’s
also brings in other Law School professors to share their expertise. You write
constitutional rights by suppress-
very detailed and high-level briefs and memoranda, but you also develop the
ing exculpatory evidence. The fed-
interpersonal skills you need to be a practitioner.”
eral judge ruled that Daniel was
dan asher ’14 law clerk, u.s. court of appeals for the third circuit, wilmington, delaware
entitled to a retrial or his freedom. “The clinic is a really important
“Through the Mass Incarceration Clinic, I used my in-class learning to address
way to get experience advocating
the problems of real people. Professor Dignam helps students think critically
for clients while you are a stu-
about how to apply the law in real situations. The clinic is an excellent opportu-
dent,” says Hallett, who is now a
nity to start getting litigation experience before you graduate.”
staff attorney at San Francisco’s
helen elizabeth mayer clark ’11 associate, arnold & porter
Positive Resource Center. *Daniel is a pseudonym
23
EDSON QUEIROZ FOUNDATION
Mediation Program Litigation, while glamorized in the
Students mediate cases throughout the
The program is designed to expand the
media, is time-consuming and costly.
semester. Settings are likely to include:
teaching and practice of mediation and
As lawyers and clients have sought flex-
Manhattan and the Bronx Civil Court,
conflict resolution in the United States
ible ways to resolve disputes, mediation
Harlem Small Claims Court, and the
and Brazil.
has become an increasingly power-
Equal Employment Opportunity Com-
ful and popular legal tool. Through
mission. Students can also take part in
Students in the program learn the benefits
Columbia Law School’s Edson Queiroz
the program’s innovative Native Peace-
and limitations of mediation and other
Foundation Mediation Program, stu-
keeping seminar, which offers partici-
dispute-resolution techniques so that
dents consider the role of mediation in
pants the opportunity to work with
they can counsel clients about choices.
national and international legal systems;
Native American tribes and other com-
They also develop an understanding of
develop problem-solving and conflict-
munities to develop research, scholar-
how feelings, values, and personal styles
resolution skills essential to innovative
ship, and traditional Native American
affect their performance in a professional
lawyering; design mediation and con-
conflict-resolution skills.
role, while providing quality assistance
flict-resolution programs; and explore the role of the lawyer in mediation,
The Edson Queiroz Foundation Medi-
either as mediator or as counsel to
ation Program is a partnership between
The foundation for hands-on clinical
a client considering or participating
Columbia Law School and the Univer-
work is built in the classroom, where
in mediation.
sity of Fortaleza (UNIFOR) in Brazil.
students receive mediation skills training
Professor Alexandra Carter ’03
24
to parties whose disputes they mediate.
An Alternative for a Troubled Teen and His Family The parents were ready to seek court intervention. Their child stopped attending high school, and his parents also feared he had joined a gang. A two-student team from the mediation program went to work. They first explained the process to the parties, listened to their stories, and summarized the information in a way that allowed each party to hear what the others were saying. In the course of these tense discussions, punctuated by tear-filled breaks, the troubled teen realized his family had his best interest at heart, but he struggled with his increasing need for autonomy. In the end, the and analyze the ethical, systemic, and
observe or conduct, as well as read-
mediation team hammered out an
jurisprudential issues involved in alter-
ings, tapes, and role-plays that highlight
agreement, specifying the terms
native dispute resolution. Class “texts”
important issues in the development of
to which all parties consented.
include the mediations that students
mediation practice. The student was granted some additional freedom in exchange
“Clinical work showed me how to listen without judgment and give people the chance to be heard. It was a powerful lesson—one that has single-handedly changed the way I understand the law. I learned to see the faces behind conflict.” katerina yiannibas ’08 professor of public and private international law, deusto university, bilbao, spain; project manager for globernance, the institute for democratic governance
for his promise to attend school regularly, quit the gang, and refrain from use of alcohol or illegal drugs. For the present, the family was able to avoid the intervention of the courts. 25
Sexuality and Gender Law The Sexuality and Gender Law Clinic
on behalf of a community? How do
ing resources to advocate for social
is an intensive learning and work-
advocates select among issues? Once
change. Clinic projects encompass all
ing environment that offers students a
priorities have been set, how should
forms of advocacy, including litigation,
unique opportunity to hone lawyering
choices be made among various law
public policy development, legislative
and advocacy skills while working on
reform strategies, including those
drafting, training, organizing, public
cutting-edge sexuality and gender law
involving litigation, public education,
education, and media outreach. This
issues. The clinic provides vital assis-
grassroots advocacy, and legislative
practical, strategic training is coupled
tance to lawyers and organizations
efforts? How best can those strategic
with an emphasis on reflective and
throughout the country and the world
choices be executed? In the Sexuality
theoretical inquiry about lawyering in
that advocate for the equality and safety
and Gender Law Clinic, students have
general and, specifically, lawyering on
of women and lesbians, gay men, bisex-
the opportunity to think through these
behalf of social movements and in the
uals, and transgender individuals.
questions while developing strong
areas of sexuality and gender.
lawyering skills. While engaged in advocacy, students
26
Clinic students work cooperatively on
also wrestle with the difficult ques-
The clinic emphasizes a multidimen-
sexuality and gender law issues with
tions posed by law reform work in the
sional approach, which develops the
lawyers and advocates at organizations
midst of shifting political and legal ter-
practice of being strategic, smart, and
such as Lambda Legal, Equality Now,
rain. What does it mean to advocate
creative in identifying and deploy-
the ACLU Lesbian and Gay Rights
Recent Projects • A micus briefs to the Iowa, Connecticut, and California supreme courts in marriage equality litigation, and to the European Court of Human Rights on sex trafficking. • Development of legal manuals to support women’s rights in Africa and a transgender rights ordinance in New York City. • Development of public education efforts with UNICEF regarding violence against young women and UNIFEM regarding transitional justice mechanisms’ responses to sexual violence. Professor Suzanne B. Goldberg
Project, the ACLU Women’s Rights
any law school in the United States—
Project, Immigration Equality, the
is the nexus of the field’s research,
National Center for Lesbian Rights, the
advocacy, and curricular development
Transgender Legal Defense and Educa-
at Columbia Law School. In addi-
tion Fund, the International Gay and
tion to administering the clinic, the
Lesbian Human Rights Commission,
center sponsors events throughout the
and UNICEF and UNIFEM, as well
year that bring leading scholars and
as with statewide and local gender and
activists to campus to discuss current
sexuality law organizations.
issues and cases. The center offers students interested in gender and sexu-
The Center for Gender and Sexual-
ality law a wealth of resources and
ity Law—the first center of its kind at
networking opportunities.
• Legislative analysis and drafting in connection with New York State’s domestic violence law and the U.S. immigration law’s ban on entry by people with HIV. • Preparation of asylum and T and U visa applications for clients with persecution claims based on forced marriage, trafficking, political opinion, sexual orientation, gender identity, and HIV status. • Litigation research, drafting, and support of women’s rights and those of LGBT individuals in the United States and abroad. 27
Clinical Faculty Adolescent Representation
of the Lawyers Alli-
Clinic in 2000. He began his career as
Jane M. Spinak is the Edward Ross
ance for New York,
an environmental advocate with the
Aranow Clinical Professor of Law.
where she ran a pro
New Jersey Public Interest Research
Professor Spinak has taught child and
bono program for
Group, where he continues to serve as
family advocacy since joining the fac-
1,800 lawyers and
its general counsel.
ulty and currently directs the Adoles-
built the organization’s nonprofit and
He is a co-founder
cent Representation Clinic. During the
community development practice. She
and co-director of
mid-1990s, Spinak served as attorney-
is chair of the board of PILnet: The
the Eastern Envi-
in-charge of the Juvenile Rights Divi-
Global Network for Public Interest
ronmental
sion of The Legal
Law and serves on the boards of Trickle
Center, a member of the New Jer-
Aid Society of New
Up, the Nonprofit Coordinating Com-
sey Pinelands Commission and the
York. She recently
mittee, and Human Rights First, which
Litigation Review Committee of the
co-chaired a New
she co-founded. Schatz has trained and
Environmental Defense Fund, and
York task force on
consulted with law professors interested
a former member of the New Jersey
the future of the Family Court. Spinak
in establishing law school clinics in
Supreme Court Committee on Envi-
currently serves as chair of the Leader-
Central and Eastern Europe, China, and
ronmental Litigation. Lloyd has testi-
ship Council of the Center for Fam-
countries of the former Soviet Union.
fied before the U.S. Senate and House
ily Representation. Her teaching and
She lectures and writes in the areas of
of Representatives committees on
scholarship address the complexities of
nonprofit corporate and tax law and
environmental enforcement.
the child welfare, foster care, and family
clinical legal education. Susan J. Kraham ’92, lecturer in law,
court systems.
28
Law
Environmental Law
is an associate research scholar and staff
Community Enterprise
Edward Lloyd, the Evan M. Frankel
attorney for the Environmental Law
Barbara A. Schatz, clinical professor
Clinical Professor in Environmental
Clinic. She has spent her legal career
of law, joined the faculty in 1986. She
Law, joined Columbia Law School
representing public interest clients with
previously served as executive director
and launched the Environmental Law
a particular focus on environmental
and land use law.
can Republic, Colombia, the Demo-
tor of the Refugee Reunification
Prior to joining the
cratic Republic of the Congo, Kenya,
Project, which provides grants to help
clinic, she served as
Papua New Guinea, and the United
refugee families purchase plane tick-
counsel to the New
States. Before joining Columbia Law
ets and reunite with family members
Jersey Audubon
School, Knuckey was an adjunct pro-
who have been granted asylum in the
Society. From 1998 until 2005, Kraham
fessor of clinical law and director of the
United States; a director of the Fair
was an associate clinical professor in the
Initiative on Human Rights Fact-Find-
Housing Justice Center; and a director
Environmental Law Clinic at Rutgers
ing and the Project on Extrajudicial
of Warm Heart, a community-based
School of Law–Newark.
Executions at New York University
development organization serving rural
School of Law’s Center for Human
northern Thailand. From 2007 to 2010,
Rights and Global Justice.
Mukherjee was an associate at Emery
Human Rights Sarah Knuckey joined Columbia Law
Celli Brinckerhoff & Abady.
School in July of 2014 as faculty co-
Immigrants’ Rights
director of the Human Rights Institute,
Elora Mukherjee, associate clinical pro-
Incarceration
director of the Human Rights Clinic,
fessor of law, is the founder and direc-
Philip M. Genty, is the director of the
and the Lieff Cabraser Associate Clinical
tor of the Immigrants’ Rights Clinic.
Incarceration and the Family Clinic and
Professor of Law. Knuckey is an inter-
She also advises students participating
the Everett B. Birch Innovative Teach-
national human rights lawyer, professor,
in Columbia Law
ing Clinical Professor in Professional
and special adviser to the U.N. special
School’s partner-
Responsibility. He joined the faculty
rapporteur on extrajudicial executions.
ship with Kids in
in 1989 from Brooklyn Law School.
Her work has addressed issues such as
Need of Defense, a
Prior to joining
unlawful killings, armed conflict, sex-
nonprofit organiza-
the legal academy,
ual violence, corporate accountability,
tion that provides legal representation
Genty worked as an
extractive indus-
to unaccompanied minors in immigra-
attorney at Prison-
tries, and protest
tion proceedings. Before joining the
ers’ Legal Services
rights. She has car-
Law School, Mukherjee served as a
of New York; at the New York City
ried out investiga-
staff attorney at the ACLU Racial Jus-
Department of Housing, Preservation,
tions and reported
tice Program, working on all aspects
and Development; and at the Bedford-
on human rights and armed conflict
of investigating, litigating, and settling
Stuyvesant Community Legal Services
violations around the world, including
suits for detained immigrant children.
Corporation. He has developed legal
in Afghanistan, Brazil, the Central Afri-
Mukherjee is a founder and a direc-
resource materials for incarcerated par29
ents and works with several organizations
member of Connecticut’s Commission
Mary M. Zulack, clinical professor
that assist women who are in prison. His
on Wrongful Convictions and as chair-
of law, joined the faculty in 1990
research interests are in clinical educa-
man of the board for both Junta for
and co-directs the Lawyering in the
tion, prisoners’ rights, legal ethics, and
Progressive Action and the Center for
Digital Age Clinic. She has also co-
family law. He has taught and consulted
Children’s Advocacy.
directed the Fair Housing Clinic and
on clinical legal education and ethics in Central and Eastern Europe, as well as
Lawyering in the Digital Age
of Homelessness. Before joining the
in Israel. In 2008, Genty received the
Conrad Johnson, clinical professor of
faculty, Zulack pursued public inter-
Willis L.M. Reese Prize for Excellence
law, served as the director of clini-
est practice in New
in Teaching. He received a Presidential
cal education from 1992 to 1996. He
York City and held
Award for Outstanding Teaching from
joined the faculty in 1989 after two
several leadership
Columbia University in 2014.
years as an assistant professor at the
positions, includ-
City University of New York School
ing attorney-in-
Brett Dignam, clinical professor of law,
of Law and many years as the attor-
charge at the Harlem Neighborhood
joined the Columbia Law School fac-
ney-in-charge of the Harlem Neigh-
Office of The Legal Aid Society. She
ulty in 2010 from Yale Law School. She
b o rh o o d O f f ic e
has served on the board of Bedford-
is the founder and director of Colum-
of The Legal Aid
Stuyvesant Community Legal Services
bia Law School’s Mass Incarceration
Society of New
Corporation and of Project-FAIR, a
Clinic. Dignam maintains both a crimi-
York.
co-
welfare rights organization. Within
nal and civil trial and appellate practice
founded, and for
the New York City Bar Association,
in federal and state courts, and she has
11 years directed, the Law School’s
Zulack has been a member of the
represented prisoners at both levels for
Fair Housing Clinic. In 2001, he co-
executive, nominating (twice), judi-
more than 20 years. At Columbia Law
founded, and now serves as co-direc-
ciary (several terms), and civil court
School, Dignam has
tor of, the Lawyering in the Digital
committees, and chaired the commit-
taught Race and
Age Clinic, which explores the impact
tee on legal needs of the poor. Honors
the Criminal Justice
of technology on law practice through
include the 1996 Leadership Award
System, as well as
client work and collaborative projects
from the Citywide Task Force on the
Incarceration: From
with major public interest legal orga-
Housing Court, and numerous Legal
nizations and prominent jurists.
Aid Society pro bono awards.
Streets to Prison. She has served as a
30
taught the seminar on Law and Policy
He
Brian Donnelly, lecturer in law, helped
ers, and as a litigation associate on a
Sexuality and Gender Law
found the Lawyering in the Digital
variety of matters. Carter has taught
Suzanne B. Goldberg, is the Executive
Age Clinic and has collaborated for
mediation and civil procedure in the
Vice President for University Life and
many years with Professors Johnson
Netherlands and Brazil, and serves as
the Herbert and Doris Wechsler Clini-
and Zulack on the
one of 13 appointed members of the
cal Professor of Law. She has directed
development
of
New York State Unified Court Sys-
Columbia’s Sexuality and Gender Law
various efforts to
tem’s mediator ethics advisory com-
Clinic since joining
teach lawyering and
mittee. Shawn K. Watts ’12, lecturer
the faculty in 2006.
technology. He is
in law, is the associate director of the
She was previously
an active member of the American Bar
Edson Queiroz Foundation Mediation
on the faculty of
Association law practice management
Program at Columbia Law School.
Rutgers School of Law–Newark, where she taught a range
section and is a fellow of the American Bar Foundation. He also serves as
Carol B. Liebman, clinical profes-
of courses and directed the Women’s
a member of the Westlaw Law School
sor of law, joined
Rights Litigation Clinic. Prior to enter-
Advisory Board.
the faculty in 1992
ing academia, Goldberg spent nearly a
and has lectured
decade as a senior staff attorney with
Mediation
and taught widely
Lambda Legal, serving as counsel in
Alexandra Carter ’03, clinical profes-
on negotiation,
a wide range of cases, including two
sor of law, director of clinical edu-
mediation, and legal education. Her
before the U.S. Supreme Court that
cation, and director of the Edson
current research focus is on conflict
became cornerstone gay rights vic-
Queiroz Founda-
resolution in health care. Liebman
tories. Her scholarship on barriers to
tion
Mediation
has taught mediation and negotiation
equality has won numerous awards,
Program, joined
in Israel, Brazil, Vietnam, and China.
and Goldberg received the Willis L.M.
the faculty in 2008.
She also founded the Law School’s
Reese Prize for Excellence in Teach-
She
previously
Negotiation Workshop. In 2012,
ing in 2009. She is co-founder and co-
worked as a litigation associate at
she was the first Law School clini-
director of the Center for Gender and
Cravath, Swaine & Moore, where she
cal professor to receive the Colum-
Sexuality Law.
served as the senior antitrust associate
bia University Presidential Award for
on several multibillion-dollar merg-
Outstanding Teaching.
31
Externships—Experience in the Field
From The Legal Aid Society to the U.N. to the U.S. Department of State, Columbia Law School provides students with a broad range of externship opportunities.
Externships, like clinics, combine rigorous study of legal doctrine with hands-on experience, but they differ in some fundamental ways. Externship students usually serve as apprentices rather than as lawyers representing their own clients. Externships allow students to work side-by-side with lawyers in a public interest organization, government agency, pro bono projects of law firms, or federal court. Leading practitioners—often Columbia Law School graduates—bring their expertise into the classroom as seminar leaders. In most instances, they also supervise the students’ work in the field. 32
Practicing attorneys, judges, and magistrates become mentors, assigning tasks and providing oversight and feedback. Students may be called upon to apply theory and analytical skills learned in the classroom to an oral argument, legal research and writing, client interviews, contract negotiations, using the media as an advocacy tool, and much more. Students also get a firsthand view of how law offices and lawyers operate—
an experience that serves Columbia Law School graduates well, whether they work in private practice, government, or public interest. Through externships, students broaden and deepen their knowledge in an area of practice and applied legal policy, enhance their understanding of substantive law, gain insight into future career paths, and develop skills essential to the practice of law.
Federal Government in D.C. Externship Advancing Social and Environmental Justice in the New York Attorney General’s Office: Students work with attorneys in the AG’s Social Justice Division on pressing problems facing New York and the country: from systemic discrimination to climate change and nuclear waste to fraudulent practices by health insurance and tobacco companies to abuses by officers in nonprofit organizations. The division’s top lawyers teach students how the AG’s office can use its unique jurisdiction and law enforcement authority to advance justice. Arts Law: Assisting staff attorneys at Volunteer Lawyers for the Arts, students gain practical experience in intellectual property, entertainment, and nonprofit law. In the seminar, they examine the role of law and lawyers in the arts and entertainment world, and also practice client counseling and contract negotiation. Bronx Defenders on Holistic Defense: A person of color living in the Bronx is more likely to be stopped and frisked by the police, arrested, evicted, be on welfare, or have their
children removed from their homes than a resident of any other county in New York State. Students learn interdisciplinary problem-solving approaches at a defender’s office committed to addressing root problems and serving clients. Seminar content and fieldwork train students as future holistic lawyers offering access to services that meet clients’ legal and social support needs.
Students participating in this externship have the rare opportunity to spend a full semester in Washington, D.C., working at federal agencies such as the Department of Health and Human Services, the Department of Education, the Environmental Protection Agency, and the Department of Justice. A complement to the Law School’s conventional course offerings in public law, the fed-
City and State Policy Advocacy: The seminar and fieldwork focus on the role of a lawyer in supporting the implementation of communityconceived policy initiatives at the city and state levels—from analyzing constraints on local authority to drafting policy proposals and advising on the political fight to win passage. Issues covered in the seminar and the fieldwork assignments include workers’ rights; immigrants’ rights and immigration reform; civil rights and racial justice issues; health care access; and more.
eral government externship provides
students with valuable
hands-on experience in the public sector prior to graduation. The externship includes an intensive seminar in ethics for government lawyers, a weekly seminar, supervised legal research, and a field placement—often alongside Columbia Law School graduates working in high-level positions in our nation’s capital.
Community Defense: Students have their own misdemeanor cases and work on a major felony case at the 33
34
Neighborhood Defender Service of Harlem. Criminal law, legal ethics, and the attorney-client relationship come alive as students track the cases through the court system. In the seminar, they engage in topics related to criminal defense and trial preparation.
challenges to sentences or prison conditions. The seminar utilizes court decisions, legislative activity, related research, and case materials to explore how the enforcement of constitutional rights operates both in theory and in practice.
right disputes. Students evaluate cases; draft complaints; work up motions for a preliminary injunction; prepare written discovery; take and defend depositions; draft motions; participate in settlement negotiations; and draft licensing agreements.
Constitutional Rights Enforcement: Students explore how constitutional rights are advanced in capital, criminal, and prison civil rights cases. As part of the unique public service practice groups within two commercial law firms—the Squire Patton Boggs Public Service Initiative and the Holland & Knight Community Services Team—students work on cases where the stakes are high. They perform a variety of litigation tasks related to clients challenging death sentences, life imprisonment, solitary confinement, or other constitutionally-based
Copyright Dispute Resolution: Students learn to effectively resolve copyright disputes through a weekly seminar and fieldwork. Co-taught by two partners from Cravath, Swaine & Moore, the seminar addresses the policies and doctrines of copyright law and the basic elements of copyright litigation. It also includes inclass simulations, such as conducting a witness examination in a copyright case. Under the supervision of Cravath lawyers, the fieldwork component enables students to represent actual pro bono clients in real copy-
Criminal Appeals: Working with senior lawyers from the Center for Appellate Advocacy, students draft a brief on behalf of an indigent defendant and often argue their cases before the state appellate court. In the seminar, they gain further insights into criminal law and hone skills in briefcraft and oral advocacy. Domestic Violence Prosecution: Under the supervision of experienced assistant district attorneys, students take the lead in prosecuting misdemeanor domestic violence cases,
working on cases from their inception through trial. Students work in the new Family Justice Center, a unique facility where the efforts of civil service providers working with domestic violence victims are coordinated with those of law enforcement officials. In the seminar, students prepare for field experience and explore topics related to domestic violence prosecution. Federal Appellate Court: Working in the chambers of a U.S. Second Circuit judge provides students with a behind-the-scenes look at judicial and adversarial processes. As they help prepare oral arguments and written opinions, students apply their skills in legal research, analysis, and writing. Second Circuit judges lead the seminars, which include discussions with trial judges and experienced appellate attorneys. A moot court argument before three Court of Appeals judges is a highlight of the semester. Federal Court Clerk: Students engage in an in-depth examination of federal trial courts. They work closely with a federal judge on drafting opinions and observe trials, oral
arguments, and hearings. Placements are at either the Federal Court for the Eastern District of New York or the Federal Court for the Southern District of New York. Seminars include writing judicial opinions and discussing effective courtroom lawyering. Judicial and practitioner guests share their insights and experience. Federal Prosecution: Students assist experienced prosecutors as they investigate and prosecute federal criminal cases, including those involving narcotics, fraud, child exploitation, public corruption, terrorism, and violent crimes. Placements are in a U.S. Attorney’s Office for either the Southern or Eastern District of New York, and senior prosecutors lead the seminars, which often involve roleplaying exercises. Immigration Defense: Working with attorneys providing direct representation to immigrants facing deportation, students gain in-depth exposure to U.S. immigration laws and policies. The seminar is taught by some of the most respected immigration lawyers in New York, and the field
placement is with those attorneys or another senior attorney at The Legal Aid Society’s Immigration Law Unit. Pro Bono Practice and Design: Students are engaged in the critical role of pro bono service in the legal profession and its impact on broader societal issues, such as access to equal justice. Working with both public interest and corporate lawyers at an NGO, students examine the often competing goals of the various constituencies, and the need to mediate them if pro bono programs are to succeed. Representing New York City—The New York City Law Department: Students are placed in a division of the Law Department. As they work with city attorneys and attend meetings, legislative hearings, depositions, and trials, they gain a deep understanding of the role of government lawyers and the legal and ethical issues they face every day. In the seminar, taught by two senior city attorneys, students complete a counseling memorandum on a policy matter and present their recommendations to the class. 35
Student-Initiated Externships: Students who enroll in the Advocacy in Theory and Practice seminar gain expertise in a range of lawyering skills, including oral advocacy, legal writing and drafting, legal research, negotiation, mediation, working collaboratively, client communication, and case theory and planning. With approval from the faculty member and the director of pro bono programs, students can also earn additional credit for an externship which they initiate, enabling students to explore areas of law that are of particular interest to them. Trusts, Wills, and Estate Planning: Students interview clients at a Manhattan senior center to draft wills, powers of attorney, living wills, and health care proxies. In the seminar, related doctrines are examined and students meet individually with the instructor to discuss the estate planning situations of their clients. Undocumented and Unaccompanied Immigrant Youth: This externship provides an opportunity to learn about immigration and fam-
36
ily law and practice through the lens of child advocacy. Students work through the interplay between the common law and the federal regulatory systems by taking a seminar and doing closely related fieldwork in which they represent unaccompanied youth in both federal and state courts. Unaccompanied immigrant youth are children under the age of 18 who have been apprehended at the U.S. border without traditional caregivers. Following their detention at federal facilities, they are released to sponsors and placed in removal proceedings in immigration court. Working under the supervision of lawyers, externs provide legal services to these children. The seminar explores the intersection of immigration law, criminal law, and family law; the ethical challenges of
representing unaccompanied minors; and the U.S. government’s immigration policies and their impact on communities. United Nations: Through placements at the U.N. or U.N.-related offices, students are immersed in the law and practice of the U.N and the processes of making and implementing institutional law at this world organization. Adjunct professors who held diverse senior legal positions at the U.N. lead the seminar, which examines the interaction between U.N. governing documents and U.N. practice. The seminar provides a focused approach, beyond what is provided in a basic public international law course, to help students fully comprehend the mix of law and policy that U.N. law encapsulates.
The Pro Bono Experience Through required pro bono work, stu-
Spring Break Caravans combine travel
worked with lawyers from the Legal
dents enrich their legal education,
and public service. Recent caravans
Resources Centre to document the con-
gain practical experience, and learn
have taken students to Texas to assist
ditions of local schools and make recom-
the rewards of public service. Stu-
lawyers working on capital punishment
mendations on potential litigation. And
dents choose from hundreds of oppor-
cases, to Miami to work on immigra-
in Yangon, Myanmar, students worked
tunities and also design projects tailored
tion issues, and to Native American
with attorneys from Justice for All, a civil
to their interests. Students may serve as
communities to help protect land rights.
society group committed to the advance-
advocates in family court for domestic
ment of human rights and the rule of law.
violence victims, staff legal clinics at a
Last year, among the international cara-
local homeless shelter, or work with
vans organized, were trips to Jordan,
“Partnering with local human rights
leading law firms that have strong pro
South Africa, and Myanmar. In Jordan,
groups around the world is the per-
bono programs. For example, students
students learned how to interview vic-
fect way to combine students’ interests
work with attorneys from Davis Polk &
tims of torture before conducting client
with local needs and opportunities,” says
Wardwell on complex asylum cases and
intake sessions under the supervision of
Douglas Cantwell ’15. “Caravans allow
team up with attorneys from Milbank,
attorneys from the Iraqi Refugee Assis-
organizations to tackle projects that might
Tweed, Hadley & McCloy to represent
tance Project. A team of students sent to
otherwise tax their resources and give stu-
low-income taxpayers in IRS disputes.
the rural Transkei region of South Africa
dents a once-in-a-lifetime experience.”
37
OTHER EXPERIENTIAL LEARNING OPPORTUNITIES
Summer Programs
Moot Court Program
Student Journals
Columbia Law School’s summer
Moot courts simulate all aspects of
Columbia Law School is home to 14
public interest law program enables
an appellate or trial litigation. Stu-
law journals. Many are the leading
students to gain valuable experi-
dents conduct research, file briefs,
scholarly publications in their fields.
ence as they provide much-needed
and argue their cases before a dis-
Working on a journal exposes stu-
legal assistance to a wide range of
tinguished panel of judges. Our stu-
dents to cutting-edge research and
nonprofit organizations and govern-
dents regularly capture top honors
further hones legal research, writing,
ment agencies in the United States
at premier national and international
and analytical skills—qualities highly
and abroad.
competitions. Opportunities include:
valued by employers and essential to the successful practice of law.
Through the Human Rights Internship Program, Columbia students have spent summers helping to establish
The Paul, Weiss, Rifkind, Wharton & Garrison Moot Court Program
Columbia Business Law Review Columbia Human Rights Law Review
legal services systems in Africa and
1L Foundation Moot Court
Columbia Journal of Asian Law
developing anti-discrimination law in
American Intellectual Property Law
Columbia Journal of Environmental Law
Hungary. Columbia Arts Law Intern-
Association Moot Court
Columbia Journal of European Law
ships support opportunities to work in
Environmental Law Moot Court
Columbia Journal of Gender and Law
the legal departments of organizations
Frederick Douglass Moot Court
The Columbia Journal of Law &
such as Channel 13, Lincoln Center for
Harlan Fiske Stone Moot Court
the Performing Arts, and National Pub-
Latino/a Law Students Association
lic Radio. Special fellowships support summer public interest work in China, Taiwan, Hong Kong, and Japan.
Moot Court Native American Law Students Association Moot Court
Social Problems Columbia Journal of Law & the Arts Columbia Journal of Race & Law Columbia Journal of Tax Law Columbia Journal of Transnational Law
International Competitions European Law Moot Court Jessup International Law Moot Court Vienna International Arbitration Moot Court (Vis)
38
In the final round of arguments for the Harlan Fiske Stone Moot Court, students argue before a distinguished panel of judges. The Law School is often honored to host a U.S. Supreme Court justice as a presiding judge.
Columbia Law Review Columbia Science and Technology Law Review The American Review of International Arbitration
For More Information To learn more about admissions and current course offerings at Columbia Law School: www.law.columbia.edu
J.D. Admissions 212-854-2670 admissions@law.columbia.edu www.law.columbia.edu/admissions/jd
Graduate Legal Studies (LL.M./J.S.D.) 212-854-2655 gls@law.columbia.edu www.law.columbia.edu/admissions/graduate-legal-studies
Clinical Education www.law.columbia.edu/clinics
Externships, Pro Bono, and Summer Public Interest Law Programs Social Justice Initiatives 212-854-8484 socialjustice@law.columbia.edu www.law.columbia.edu/social-justice
Courses www.law.columbia.edu/courses
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Columbia Law School 435 West 116th Street New York, NY 10027 www.law.columbia.edu Follow us on Twitter @ColumbiaLaw